I got in a car accident. You tell me if its my fault.?

Question

OK so I am making a right hand turn into an alley and the person as I found out afterward was running late for work. So she tries to pass me on my right hand side (passenger side) as I am turning and side swipes me. She ends up blowing out her tire when she hopped the curb. Now heres the thing it was her moms car and I talked to her mom and she said that the witness saw it all and said I hit her. Well for the 5-10 minutes after the accident no one came out to help her. So I think shes lying cause if I was this persons cousin I would have stopped and made sure she was OK. And let me remind you I was turning right and she hit my right side, on a 2 lane road, she shouldn't have been passing me in the first place and even if she wanted to pass me she should have passed me on the left. And I wasn't using my turn signal, Ooops!!! But I'm not gonna say that cause I think this b*tch is lying about a witness. Just give me you opinion. Thanks

Answer 1

The fault is hers, passing on the right is illegal.

Answer 2

If it was a two lane road bordered by a solid white line on your right and you were in front of her she's 100% pretty much screwed. That's how it shakes out in NYS. The same GD thing happened to me two yrs. ago. As I drove on a two lane wide highway bordered buy a solid white on the right I attempted to turn right at a controlled intersection. There were cars in front and in back of me . All of a sudden as I turned right and a teeny bopper girl blasts down the right hand shoulder and drives into my right door and fender. There's no driver education anymore and kids drive like their sloppy driving friends and parents. Most don't have a clue about rules of the road anymore. The trouble all started when the rule changed and were allowed righto after stopping at a red light. That turned out to be a frigging joke within a month. It's now worse than yield signs. Oh yea, did you report it to the police? They would have dropped paper in her lap within three minutes. Now trhe insuranse company's will have a tea party and the accident will be her fault anyway. Your rates will not change if she's at fault. Good Luck.

Answer 3

I would say it is mostly her fault but partly your fault. I'm assuming when you say it is a 2 lane road, that means 1 lane in each direction, and she was driving on the shoulder to pass you. The fact that you failed to signal makes it partly your fault, because if you were signaling, she almost certainly wouldn't have tried to pass on the right. Also, if you were paying more attention, you probably would have seen what was going on in your rear view mirror and would have realized she was trying to pass you, and you would have waited for her to pass before turning. My personal opinion, without knowing the exact layout of the road, is that it is 75% her fault and 25% your fault. However, if there was no clearly marked shoulder on the road, then you should have been more to the right before turning, and she wouldn't have been able to pass. If this is the case, maybe you are both equally at fault or it is more your fault.

Answer 4

In the insurance world this is a possible 50/50 claim split.
You were at fault for not displaying your intentions (turn signal) and she was in the wrong for an illegal overtake.
I am assuming this was a 2 lane road with no turning lane.
If you have a good insurance company they should be able to win this one hands down. If you both have the same company the 50/50 will get them more money by raising both your premiums :)

I hope you called the cops... They will be able to inspect the crash site and work out her speed also etc and probably give her a ticket or 2.

Answer 5

Well, from prior training and experience, I can tell you a few things.....

1. If you were driving on a two lane road (one lane for each direction) and you were turning right and had your blinker on, she's toast.
2. If you were driving on a four lane road(two lanes in each direction) and you were in the inner most lane and you tried turning into that alley, (even if you had your blinker on), you're toast.
3. scenario like #2 but you were on the right lane, and were turning right with your blinker on, she's toast.
4. it is a two or four lane road, you are in the right most lane, and you are coming up to the alley, and there's a turning lane that you are entering while trying to turn right, and she comes in and side-swipes you while trying to pass on the right, SHE is toast.

Check your state's vehicle code for passing on the right...it is illegal in a lot of states.

Where did her car impact your car? If the impact happened where the front of your car hit the middle or rear of her car, then I'd say you may be at fault....If the point of impact occured where you rear end was hit with her front end, then she is toast.

I would definitely say I used my blinker because I always do.

Answer 6

Yes, by law, the accident is her fault. If she swiped your right-hand side as you were turning into the proper lane and you ARE driving anywhere but Britain, Japan or New Zealand, it is most certainly her fault. She may not be lying about the witness, though; you'd be surprised how many people don't help, even when they see something.

I hope she has insurance. If not, be prepared for a long and drawn-out, headache inducing money extracting process.

Answer 7

She should be found at fault. Even if you didn't signal for the turn, she should have been following far enough back to slow down or stop in time. As long as you were already traveling in the right lane prior to turning it was her inattentive driving which caused this accident.

Answer 8

How can someone pass you on the right if you are turning right? Shouldn't you have been in the FAR right hand lane? Besides that you failed to signal your turn. She probably wasn't passing you, you just turned in front of her. You are kind of a dumba$$ admitting to not using your signal on the internet, I hope she finds this any you have to pay for her damage.

Answer 9

This Cybre court finds that you bear 50% responsibility for this occurrence.. This decision based on the fact that you, by your own admission, failed to signal your turning intentions and while the driver behind you failed miserably in the simplest test of mind reading, passing on the right side placed exactly 50% of the responsibility for this "accident" on her. The Court also sites that you failed to do a shoulder check before initiating the turn which clearly would have prevented this unfortunate situation, the court also finds that while the other driver was driving too close to respond to changing circumstances and in fact was not fully focused on operating her vehicle because she was "rushing to work", YOU , sir, clearly failed to check your rear view mirror and apreciate that this vehicle was in fact there. Testimony of the witness is hearsay and has been stricken from the record.
Good Luck to you sir............ NEXT CASE!!!!!

Answer 10

were you making a right from the 1st lane (closest to the center) or the 2nd lane (furthest from center)? if your answer is the 1st lane then were both the 1st and 2nd lanes a "right turn okay" lanes and she went straight instead of turning. then she is at fault. if sh was also turning and you turned into her lane then it is your fault. igenerally, if she has a witness no matter what, you are screwed. have your insurance company hand it over to their fraud department and fight it. if you lose appeal it. Some A hole was trying to shake me down, i fought it and won on appeal. If you are really telling the truth, then fight the B*&$H.

Answer 11

Well looks like the biatch is lying. Why did not you call the cops, that is where you made the mistake. Cuz if she hit you and then she was on the lane to turn right but went straight then regardless of lights or not , she is wrong. She is just trying to intimidate you.